Karin Law: Regulations On Internal Investigation Procedures Was Published

On July 3, the regulations that establish guidelines for internal investigations of sexual harassment, workplace harassment or violence at work were published in the Official Gazette. Among the various aspects included in the regulations, it is worth highlighting:

  • Internal investigations must preferably be carried out by a worker who has training in harassment, gender or fundamental rights, which must be reported to the complainant.
  • If the complaint is directed against a representative of the employer (under the terms of article 4 of the Labor Code), the company must refer the complaint to the Labor Directorate for investigation, without being able to carry out an internal investigation.
  • The complaint cannot be subject to an admissibility control, and if it is incomplete, the investigator must provide the complainant with a deadline to complete the background or information.
  • The complainant/reported person may present information that disputes the impartiality of the person in charge of the investigation, and may request his or her replacement.

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